Home » Relationship Between Child Custody and Child Support in Arizona

Relationship Between Child Custody and Child Support in Arizona

Posted on : October 10, 2016, By: Chris Hildebrand

Relationship Between Child Custody and Child Support in Arizona

Arizona law includes the Uniform Reciprocal Enforcement of Support Act. That law is intended to allow parents in one state to obtain and enforce child support orders in another state. Can a parent who has absconded with the child get a child support order against the custodial parent in Arizona? The Court of Appeals considered this issue in Campbell v. Campbell, 617 P. 2d 66 (1980).

Facts of the Case

Mrs. Campbell and Mr. Campbell married had one child and then divorced. The Arizona divorce court awarded custody to Mr. Campbell. However, Mrs. Campbell kept the child in California and refused to give her to Mr. Campbell. She sued for child support from Mr. Campbell. The trial court denied her child support and she appealed.

Learn About the Relationship Between Child Custody and Child Support in Arizona from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

Uniform Reciprocal Enforcement of Support Act

Relationship Between Child Custody and Child Support Arizona.

Arizona has adopted the Uniform Reciprocal Enforcement of Support Act (URESA). This uniform act provides that a custodial parent may enforce a child support obligation. A state providing the child financial support can also enforce the obligation. It is under this act that Mrs. Campbell seeks child support.

Mrs. Campbell admits that the Arizona court awarded Mr. Campbell custody and has not attacked the validity of that order. However, she argues that the custody is not dispositive under the uniform act. She claims that the intent of the uniform law is to enforce child support duties without regard to custodial interference. The Court of Appeals disagreed.

It agreed that Mrs. Campbell’s position may be true in a limited sense. It may apply in an enforcement action by a custodial parent who has interfered with the other parent’s visitation rights. The Court found no suggestion that a noncustodial parent’s interference with custody can create a support obligation.

Noncustodial Parent Interfering with Custody Lacks Standing to Sue

The Court held that Mrs. Campbell does not have the standing to invoke URESA remedies on behalf of her minor child. It took care to emphasize that Mr. Campbell’s duty to provide support continued, despite Ann’s interference with custody. However, proceedings under URESA are purely statutory. Arizona courts only have that authority URESA gives them to determine and enforce child support.

That said, any request for support under URESA is subject to the procedural safeguards in that law. Its provisions only allow enforcement by a custodial parent or a state providing financial support to the child. Mrs. Campbell is simply not a proper party to attempt to enforce Mr. Campbell’s obligation to support his child here. His duty to pay child support to Mrs. Campbell must be determined by the laws of this state. She must obtain a modification of the Arizona order or otherwise get legal custody before she can sue for support.

Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

Hildebrand Law, PC Client Google Reviews

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.

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16:03 22 Nov 17

Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.

A Google User

18:16 18 Sep 17

Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client

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06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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